Cal. Code Regs. Tit. 11, § 5516 - Firearms Eligibility Check Conducted by the Department Prior to Issuing a Unique Serial Number

(a) After the applicant pays for and submits an online application to request a unique serial number on CFARS, the Department will conduct a firearms eligibility check to determine that the applicant is not prohibited from possessing, receiving, owning, or purchasing a firearm under either state or federal law. The Department will examine both state and federal records to ensure that neither state nor federal law prohibits the applicant from possessing a firearm.

(b) Upon completion of the firearms eligibility check, the Department will determine if the applicant is:

(1) Eligible to possess, receive, own, and purchase a firearm

(2) Ineligible to possess, receive, own, or purchase a firearm.

(c) If the applicant is eligible, the Department will assign a unique serial number for that specific firearm or firearm precursor part. If the applicant is ineligible or if the Department is unable to conclusively determine that the applicant is eligible, the Department will not issue a unique serial number.

(d) The Department will notify the applicant of its determination electronically by email. The applicant's CFARS account will generate a generic email notification that will be sent to the applicant's personal email address when the Department makes its determination so that the applicant can log onto the applicant's CFARS account online to view the decision.

(e) If an applicant is ineligible to possess, receive, own, or purchase a firearm or if the Department is unable to conclusively determine that the applicant is eligible, a follow-up denial notification will be sent through U.S. mail, which will address the denial reason. The notification will include instructions on how to receive a copy of the record that resulted in the denial as well as how to dispute and correct any information in the applicant's record that the applicant believes is incorrect.

Notes

Cal. Code Regs. Tit. 11, § 5516

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).
2. Amendment of NOTE filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.
3. Amendment of NOTE refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.
4. Amendment of NOTE refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-26-2019 order, including amendment of section, transmitted to OAL 12-27-2019 and filed 1-28-2020; amendments operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).
6. Amendment of section filed 5-31-2023; operative 5-31-2023. Exempt from APA pursuant to Statutes 2022, chapter 76 (AB 1621), section 39, and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 22).

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 28220 and 29182, Penal Code; and Section 8104, Welfare and Institutions Code.

1. New section filed 5-21-2018; operative 7/1/2018 (Register 2018, No. 21).
2. Amendment of Note filed 12-28-2018 as an emergency; operative 1/1/2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.
3. Amendment of Note refiled 7-1-2019 as an emergency; operative 7/1/2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Note refiled 9-26-2019 as an emergency; operative 10/1/2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-26-2019 order, including amendment of section, transmitted to OAL 12-27-2019 and filed 1-28-2020; amendments operative 1/28/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).
6. Amendment of section filed 5-31-2023; operative 5/31/2023. Exempt from APA pursuant to Statutes 2022, chapter 76 (AB 1621), section 39, and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 22).